Loading...
EASEMENT AGREEMENTKEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2023115533 05/03/2023 12:43 PM OFF REC BK: 22428 PG: 396-401 DocType:EASEMENT RECORDING: $52.50 D DOC STAMP: $0.70 Prepared by and Return to: Navin R. Pasem, Esq. 5401 W. Kennedy Blvd., #100 Tampa, Florida 33609 EASEMENT AGREEMENT STATE OF FLORIDA COUNTY OF PINELLAS This Agreement, made on December a, 2022 ("Effective Date"), by and between Enchantment, LLC, a Florida limited liability company with a mailing address at 5600 Mariner Drive, Suite 200, Tampa, Florida 33609 ("Grantor") and City of Clearwater, a municipality ("Grantee"), establishes that: 1. Grantor is the fee owner of that certain real property being hereinafter referred to as the "Easement Parcel", being more particularly described as follows: SEE LEGAL DESCRIPTION AS EXHIBIT "A" ATTACHED HERETO. 2. Grantor desires to convey to Grantee an Easement for Ingress and Egress to the Easement Parcel. NOW THEREFORE, for and in consideration of the foregoing premises, the parties agree as follows: 3. Grant of Easement. In consideration of the payment of TEN AND NO/100 DOLLARS ($10.00) from Grantee, receipt of which is hereby acknowledged, Grantor hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, its successors and assigns, an ingress and egress easement for fire and emergency vehicles, public officials, utility companies, and the City of Clearwater, for sanitation services and utility maintenance over and across all paved surfaces, located on the Easement Parcel. 4. Additional Use Rights. A ten (10) foot water main easement lying five (5) feet on each side of water mains, as they are located from time to time, up to and including all hydrants and meters, except where such mains and related water facilities, may lie under structures. 5. Restrictions. No permanent private structures including masonry or concrete block fences are to be located within the Easement Parcel. Utility easements shall also be easements for the construction, installation, maintenance, and operation of cable television services; provided, however, no such construction, installation, maintenance, and operation of cable television services shall interfere with the facilities and services of an electric, telephone, gas, or other public utility. In the event a cable television provider damages the facilities of a public utility, it shall be solely responsible for the damages. 6. Indemnity. The Grantee shall indemnify, defend, save and hold Grantor harmless from any and all liabilities, loss, damages or claims for injury to persons or property of any nature arising out of, because of, or related to the occupancy; use and/or maintenance of the Easement, by the Grantee, its contractors, employees, agents, lessees, sublessees and guests. 7. Maintenance of the Easement. The Easement Parcel will be maintained in good repair by the Grantee at its sole cost and expense. The Grantor will have no cost or expense associated with said Easement. The Easement shall be maintained by mowing and general maintenance as to the Easement area. 8. Successors and Assigns. This grant of Easement will run with the land and will be binding on and will inure to the benefit of the parties hereto, their heirs, successors and assigns. IN WITNESS WHEREOF, the undersigned have executed this Agreement the date first above set forth. WITNESSES: GRANTOR: Enchantment, LLC, a Florida limited liability e: Eric Miller By: Print Name: Bill West STATE OF FLORIDA COUNTY OF HILLSBOROUGH Its: Dr. Kiran C. Patel Title: Owner The foregoing instrument was acknowledged before me this30 day of December, 2022 by Dr. ' Patel, as Manager of Enchantment, LLC, a Florida limited liability, who 11J is personally known or [ J i6 agrlicgse i entification. ., 1 "-)Ij,1U"1V Notary Pubic„i ak, � Print Name: My Commission Expires: EASEMENT AGREEMENT ENCHANTMENT, LLC Countersigned: By: Frank Hibbard Je'Tmifer oirrier Mayor CITY OF CLEARWATER, FLORIDA Approved as to form: David Margolis City Attorney STATE OF FLORIDA COUNTY OF PINELLAS Attest: Interim City Manager 'Rosemarie Call City Clerk The foregoing instrument was acknowledged before me this to day of r b r ka r 2023, by Jennifer Poirrier as Interim City Manager of the City of Clearwater, who [i e,onflly known or [ ] has produced a driver's license as identification. Print Name: ��t,pY PV��� Tammy L. Cummings �.�r....., e�.� 12536 1 •. Comm.:HR2 eS4 Expires: Jan. 3, 2026 � ;' , Notary Public- State of Florida mnm My Commission Expires: 1rt� 31 2n2.6 EXHIBIT "A" EASEMENT PARCEL LEGAL DESCRIPTION Oct 25, 2022 0 9:06am X: \1017\Legal\1017_JWM—Utiity easement SdcL.dwg — peckmon THIS IS NOT A SURVEY U Z o Q Z t0 0 CD W V zQ z 0 U SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST PINELLAS COUNTY, FLORIDA POINT OF BEGINNING NW CORNER LOT 16, BLOCK "C" Cj S76°45'29"E 7.70' LEGEND: AC = ACRES BLVD = BOULEVARD CPB = CONDOMINIUM PLAT BOOK PB = PLAT BOOK PG = PAGE R/W = RIGHT-OF-WAY O w N76°45'29'W 16.28' s ketoTl� SUBJECT PROPERTY CONTAINS 0.018 AC LOT 16 BLOCK "C" BAYSIDE SUBDIVISION NO. 5 PB 38, PG 38 S 6���wPFR VO PER PF��VO s, X38 7I 7 0 10 20 SCALE: 1" = 20' LOT 17 CURVE TABLE CURVE RADIUS DELTA LENGTH BEARING CHORD CI 2700.00' 0°11'00" 8.64' S70°06'191 8.64' PROJECT NAME JW MARRIOTT CLEARWATER BEACH SHEET NAME GATE 10/25/2022 PAWKY 2019-1017 DRAWN JE8 QC SMB UTILITY EASEMENT SCALE 1"=20' rum, Florida Land Design & Permitting 3030 STARKEY BOULEVARD TRINITY, FLORIDA 34655 PHONE: (727) 478-2421 www.ftdandp.com E-mail: Infopfldandp.com Engineer 8 • CA No. 33088 Survey 8 • LB8342 CERTIFIED AS TO SKETCH AND LEGAL DES SEAL OF A Fl ION URE AND H E. ISVINAbr URVE� ' lDA N LS 204 CERTIFICA 1111M01100 EET 1—OF2 S ° ET .41 2 0 E z. T CP 37 r. 0 o. J Q X O N N N 8 THIS IS NOT A SURVEY LEGAL DESCRIPTION: A PARCEL OF LAND BEING A PORTION OF LOT 16, BLOCK "C", BAYSIDE SUBDIVISION NO. 5 AS RECORDED IN PLAT BOOK 38, PAGE 38 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LYING IN SECTION 17, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 16, BLOCK "C", BAYSIDE SUBDIVISION NO. 5 AS RECORDED IN PLAT BOOK 38, PAGE 38 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 16, BLOCK "C", SAME BEING THE SOUTH RIGHT-OF-WAY OF SOUTH GULFVIEW BOULEVARD (GULF WAY BOULEVARD N PER PLAT), FOR 8.64 FEET ALONG THE ARC OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 2,700.00 FEET, A CENTRAL ANGLE OF 00°11'00", AND A CHORD BEARING AND DISTANCE OF SOUTH 70°06'19" EAST 8.64 FEET; THENCE SOUTH 13°11'12" WEST, FOR 37.41 FEET; THENCE SOUTH 76°45'29" EAST, FOR 7.70 FEET; THENCE SOUTH 13°14'31" WEST, FOR 29.07 FEET; THENCE NORTH 76°45'29" WEST, FOR 16.28 FEET TO THE WEST LINE OF AFORESAID LOT 16, BLOCK "C"; THENCE ALONG SAID WEST LINE, NORTH 13°12'33" EAST, FOR 67.48 FEET TO THE POINT OF BEGINNING. CONTAINING 0.018 ACRES. SURVEYOR'S NOTES: 1) NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS-OF-WAY, AND/OR OWNERSHIP WERE FURNISHED TO OR PURSUED BY THE UNDERSIGNED. 2) UNLESS IT BEARS THE ORIGINAL SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY. 3) THIS IS A SKETCH AND LEGAL DESCRIPTION ONLY, NOT A FIELD SURVEY. THE GEOMETRY FOR THIS SKETCH & DESCRIPTION IS BASED ON AN ALTA/NSPS LAND TITLE SURVEY AND BOUNDARY SURVEY PREPARED BY FLORIDA LAND DESIGN & PERMITTING, INC., TITLED "JW MARRIOTT CLEARWATER BEACH", PROJECT NUMBER 2019-1017, DATED 6/17/2021. 4) BEARINGS ARE BASED ON THE WEST LINE OF LOT 16, BLOCK "C", BAYSIDE SUBDIVISION NO. 5, AS RECORDED IN PLAT BOOK 38, PAGE 38 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING N13°12'33"E, AS SHOWN HEREON. 5) DISTANCES SHOWN HEREON ARE IN U.S. SURVEY FEET. PROJECT NAME JW MARRIOTT CLEARWATER BEACH SHEET NAME UTILITY EASEMENT TN, Florida Land MI Design & Permitting 3030 STARKEY BOULEVARD TRINITY, FLORIDA 34655 PHONE: (727) 478-2421 www.fldandp.com E-mail: info@Rdandp.com Engineer N - CA No. 33088 Survey N -188342 SHEET 2 OF 2